The Malaysian High Court ruled on June 12, 2026, to remove former attorney general Tan Sri Idrus Harun as a third party in a malicious prosecution suit brought by former Felda chairman Tan Sri Shahrir Samad against former AG Tan Sri Tommy Thomas and others [1, 2].
Shahrir filed the civil lawsuit in 2023, accusing Thomas, former MACC chief Latheefa Koya, the Malaysian Anti-Corruption Commission (MACC), and the government of malicious prosecution, investigation, and wrongful arrest [1, 2]. Early this year, Thomas filed a third-party notice to bring Idrus Harun into the suit seeking full indemnity if found liable [1].
The government argued that it would be vicariously liable for any damages awarded and that Thomas should not need to seek indemnity from Idrus Harun separately [1, 2]. The court agreed, ruling that Idrus Harun was never named by Shahrir as a co-defendant and it was the plaintiff’s prerogative to decide parties to the suit [1, 2].
Judge Gan Techiong said removing Idrus Harun would prevent unnecessary costs to taxpayers. He ruled, "The government (taxpayer) should not be made to bear additional costs for third-party proceedings, which are unnecessary in this case" and "the first defendant (Thomas) should not suffer any prejudice" [1]. The judge noted Thomas could still subpoena Idrus to testify if needed [1, 2].
The government confirmed its liability under the Government Proceedings Act 1956 for actions taken by the AG in good faith [2].
The malicious prosecution suit is scheduled for trial starting August 19, 2026 [2].
